the element. Parties, therefore, satisfy Element 1-n by establishing the
appropriate facts. These are conveniently labelled Fact 1, Fact 2, and Fact n
respectively, so that Fact 1 satisfies Element 1, Fact 2 satisfies Element 2 and
Fact n satisfies Element n. Collectively, the facts can be designated as Facts 1-
n. In summary, then, Elements 1-n are satisfied by Facts 1-n.
Clearly in litigation there are other facts in the case besides Facts 1-n. These
may play some ancillary role in a contested case in proving Facts 1-n but they
are otherwise legally irrelevant. Facts 1-n, by contrast, are the core of the
initiating party’s case. A party’s success will rise or fall according to their
ability to prove these facts. For this reason lawyers refer to Facts 1-n as
material facts, relevant facts or essential facts.
There are also facts for consequences. Consequences 1-n are satisfied by Con
Facts 1-n.
Evidence
In litigation facts are proved by evidence, as indicated by the arrow between
the third and second columns.
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Evidence to prove Fact 1, Fact 2, and Fact n
is conveniently labelled Evidence 1, Evidence 2, and Evidence n respectively.
Conveniently and simply we say that Evidence 1 ‘proves’ Fact 1, Evidence 2
proves Fact 2 and so on. This, however, is shorthand for two propositions.
Before trial, Evidence X is the evidence that a party will use in an attempt to
prove Fact X. So Evidence 1-n constitutes the holding yard for the available
evidence for proving the facts. After the trial, if a party has been successful,
Evidence X is the evidence that actually proved Fact X. But to repeat, our
shorthand for this is to say that Evidence X ‘proves’ Fact X.
Collectively the evidence can be designated as Evidence 1-n. In summary,
therefore, Evidence 1-n proves Facts 1-n. For the consequences, Con Facts 1-
n are proved by Con Evidence 1-n.
The expression ‘evidence’ is used this context to designate all of the methods
for proving facts. These various methods fall into three categories:
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(1)
Observation. In the obvious case a witness is the source of
observational evidence. Observational evidence can also come from
equipment or from the records of an organisation. Finally, a court can observe
some facts for itself.
(2)
Inference. Inference can be based on patterns of behaviour (which
incorporates induction) or causation (which incorporates deduction).
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Chapters 21-25
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Chapter 21 Model for Proving Facts
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